DEBASIS BHATTACHARYA, PRESIDING MEMBER
Ld. Advocates for the Appellants and the Respondent No.3 are present . Respondent No.2 appears through Advocate by filing a vakalatnama.
The appeal is taken up for consideration. The impugned order is that the case stands dismissed for default against the Complainants.
Ld. Advocate for the Appellants/Complainants submits that there has been no intentional laches on the part of the Complainants not to prosecute the case before the Ld. District Forum, Howrah. Since Complainant No.1 has been suffering from Hepatitis and related matters at the relevant time, the gap occurred in appearing before the said Ld. District Forum. This matter is already been bogeyed at the time of hearing of the delay condonation matter. In fact , BNA was also filed in the case .
Ld. Advocate for the Respondent No.2 submits that it was an intentional fault and wrongness on the part of the Complainants not to appear before the Ld. District Forum for consecutive days without making any step.
Ld. Advocate for the Respondent No.3 submits that there has been incoherent statement of the Appellants in regard to the cause of dismissal of the case in default.
Appellants are intent to prosecute the case on its merit. There is apparently some laches on the part of the Complainants/ Appellants. Earlier, the delay condonation prayer has been considered and allowed subject to payment of a cost of Rs.500/- to the SCWF, W.B. BNA is premature in the case, as also submitted by the Ld. Advocate for the Respondent No.3 . Prayer in the appeal is allowed subject to deposit of a cost of Rs. 1,000/- to the Consumer Welfare Fund of the Ld. District Forum by the Complainants/ Appellants . Parties to appear before the Ld. District Forum, Howrah on 23.09.16, when the Complainants/Appellants shall deposit the cost . After appearance and due compliance of the order by the Complainants/ Appellants, hearing on merit be taken up after giving scope and benefit to all the parties, including filing respective pleadings by the OPs. Impugned order is set aside. Appeal stands thus allowed.
